[HISTORY: Adopted by the Mayor and Council of the Borough
of Clayton 9-24-2020 by Ord. No.
7-2020.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 57,
Excavations, adopted 6-14-1973 by Ord. No. 73-2, as amended 2-11-1988 by Ord. No. 88-4 and 5-10-2018 by Ord. No. 9-2018.
The regulations in this chapter shall apply to the opening of
any Borough street or right-of-way.
The words, terms or phrases listed below shall, for the purpose
of this chapter, be defined and interpreted as follows:
The installation of a pipeline or pipelines to bring utilities
of any kind into property from a public street or the extension of
an existing utility within a public street.
Any Borough road surfaced with existing asphalt, concrete,
bituminous concrete, or similar pavement. Minimum standards for improved
roads shall be six inches of dense graded aggregate or soil aggregate
(I-5), four inches of bituminous-stabilized-concrete base course (HMA
19M64) and two inches of HMA 12.5M64 surface course.
The person designated by the Public Works Director or his
designee to supervise street openings on all Borough roads in the
Borough of Clayton.
Includes corporations, companies, associations, societies,
firms, partnerships and joint-stock companies as well as individuals.
That portion of land as delineated on the Borough Tax Maps
and on property surveys which allows continuous right of passage to
the Borough.
Any cinder, dirt or gravel road without concrete or bituminous
concrete treatment and all other roads and rights-of-way under the
jurisdiction of the Borough of Clayton.
A.
No person shall cut, dig, or drill or mark any hole, trench or other
excavation in any portion of the Borough right-of-way, including,
but not limited to, a road, street, alley, highway or other public
way under the jurisdiction of the Borough of Clayton, without first
having obtained a permit from the Department of Public Works in the
manner set forth in this chapter; nor shall any person willfully or
otherwise mar, deface, injure or destroy the surface of any such road,
street, alley or public way.
B.
Any street/right-of-way road opening permit granted under this chapter
shall expire 60 days from the date the project mark-out is completed.
C.
If a mark-out request is not received within 14 days of permit approval
by the Borough of Clayton Department of Public Works for any project
requiring street/right-of-way road opening permit, then the permit
shall be voided and the application fee paid shall be forfeited to
the Borough.
A.
In the event of any emergency, when the Public Works Department is
unavailable to receive applications for permits and to issue permits
in compliance with the provisions of this chapter, it shall be lawful
for the street to be opened to cure such an emergency; provided, however,
that the appropriate permit application, accompanied by the proper
fees, guarantees, and deposits, is submitted and a permit received
no later than at the end of the next regular business day of the Department
of Public Works. Failure to do so and to procure the necessary permit
will constitute a violation of this chapter.
B.
The emergency hereinbefore referred to must be such as to endanger
health, life or property only. Unauthorized openings shall not be
permitted except as hereinabove stated, and any violation of the provision
will be prosecuted as stated in this chapter.
A.
The application fee shall be $100 per opening.
B.
The applicant must post a performance guarantee in the amount of
$1,500 per opening for excavations totaling 50 square yards or less.
For trench areas greater than 50 square yards, the guaranty amount
shall be calculated at $50/square yard.
C.
The inspection fee to be paid upon filing an application for utility
openings permit for the improved roads shall be based on the following:
D.
The inspection fee to be paid upon filing an application for a curb
and sidewalk openings permit for the improved roads shall be based
on the following:
F.
When the number of openings by a single applicant exceeds three within
five years, the trenching is associated with a utility main replacement,
or requires the installation of a curb or sidewalk, the following
shall apply:
(1)
A pre-construction meeting will be mandatory with the Borough Public
Works Director and Borough Engineer. No work shall occur, nor will
the permit be considered valid, until such meeting is held.
(2)
Roadway restoration for the individual trenches shall be combined
into a single roadway repair. This single repair shall encompass all
individual openings on the same side of the street. The restoration
shall be performed from the curbline (or gutter line) to the center
line of the roadway and to the satisfaction of the Borough.
G.
A utility company may request a master permit for a main replacement
or phone, electric, communications line installation or replacement
project. A master permit will consist of a single street opening permit
issued per project. This permit shall be limited to no more than three
individual streets. The minimum fees shall be based on the following:
(1)
The application fee shall be $2,000.
(2)
The performance guaranty shall be calculated at $20/square yard with roadway restoration areas determined as per Subsection F(2).
(3)
The escrow inspection fee initial deposit shall be $10,000. When
the balance of the escrow falls below $5,000, another deposit of $5,000
shall be required.
I.
No fee shall be charged for a permit to complete cosmetic repairs
on a curb on any street unless such construction will result in damage
to the street surface. In such an event, an escrow fee shall be determined
by the inspections and approval officer in such amount as shall be
required to pay the cost of repairing the surface of such street by
the Borough of Clayton should the permittee fail in his responsibility
to repair the road surface as required. Curbing broken or removed
during the installation of utilities covered under a utility opening
permit shall be repaired or replaced by the permittee. The cost of
the repair shall be borne by the permittee. Should the permittee fail
to repair curbing broken by his activities, the Borough of Clayton
shall repair the curb and assess the permittee for all costs incurred.
J.
In the event that the inspection and approval officer determines
that any excavation for which a permit has been issued is of greater
dimensions than those stated in the permit, or if the inspection and
approval officer determines that any street surface has been damaged
in connection with the construction of curbs and such damage has not
been repaired, then and in either case the inspection and approval
officer shall notify the applicant, who shall pay any additional fee
and post any additional bond as required forthwith and before continuing
any further work in connection with such excavation or construction.
K.
In all cases where the foregoing guarantees are posted, the permittee
shall restore the surface of the street upon the completion of the
work by the permittee in accordance with the provisions of this chapter.
Upon verification of completion of the restoration of the street surface
by the inspection and approval officer, and a twelve-month maintenance
period, the guarantee fees shall be released to the permittee. Any
unused escrow fees shall be returned to the permittee.
All permits issued under this chapter shall be subject to the
following rules and regulations and requirements:
A.
Every permittee shall keep each opening properly guarded and shall
backfill and close open trench areas by the end of each workday. Restoration
with bituminous stabilized base material must occur within 24 hours
of opening the trench. Under no circumstances will trenches be left
backfilled to grade with stone or similar material for more than 24
hours. Additional devices shall be installed by the applicant as required
by the inspection and approval officer. All work done under any permit
shall be done in such a manner as to cause a minimum of interference
with travel along the affected street. No street shall be closed to
traffic unless specific permission therefor has been granted by the
inspection and approval officer and proper notification has been provided
to the Borough of Clayton Police Department and all emergency service
agencies.
B.
Each permittee shall, as a condition of accepting any permit issued
hereunder, save, hold and keep harmless and indemnify the Borough
of Clayton, its officers, and agents against any claims, demands or
expense arising out of any suit or claim for damage or injury alleged
to have been sustained as a result of any work done under such permit.
C.
Upon application being made therefor, the inspection and approval
officer may extend the time during which any permit shall be valid
for such a period as the inspection and approval officer deems advisable.
In the event that the work required to be done by a permittee shall
not be completed within the time stated on any permit or any extension
thereof, then the inspection and approval officer may complete the
work required to be done by the permittee and restore the surface
of the street affected. The permittee shall, upon demand, pay the
Borough of Clayton the cost of completing such work as the permittee
is required to do under this chapter, and such amount may be recovered
by the Borough of Clayton in a court of competent jurisdiction.
D.
No work for which a permit is issued hereunder shall be conducted
in such a manner as to interfere with any water main or sewer line
or any connection from either of the same to any building, unless
specific permission to interfere with such main or line is obtained
in advance from the inspection and approval officer. No excavation
which may result in damage to or destruction of any trees or shrubbery
or any Borough property shall be made unless specific permission therefor
is granted by the inspection and approval officer prior to the work
being done.
E.
Every permittee shall completely backfill any excavation made and
replace as much as possible of the material excavated. Such material
shall be compacted by rolling, tamping or other suitable means as
directed by the inspection and approval officer. Any additional backfill
material required shall be furnished by the permittee. In any case
where the inspection and approval officer determines that the excavation
material is unsatisfactory for backfill, the permittee shall backfill
the excavation with sand, gravel, other approved material, or flowable
fill as directed. Backfill shall be placed in layers not exceeding
six inches in depth, moistened and thoroughly compacted as directed
by the inspection and approval officer so as to achieve minimum 95%
modified Proctor density. Upon completion of the work, the permittee
shall remove any excess material and leave the premises in a clean
condition. Upon determination of the inspection and approval officer
that any backfilled excavation has settled or caved in, the permittee
shall promptly upon notice of such determination continue backfilling
as above described until the inspection and approval officer determines
that the settlement is complete.
F.
In the event that tunneling operations shall be required to reach
a point of connection with any main line, the backfill in any such
tunnel shall consist of rammed cement concrete or flowable fill material.
In all cases where permits are issued hereunder wherein the
permittee is to restore the surface of the street, the following rules,
regulations and requirements shall apply:
A.
No permittee shall commence the restoration of any street foundation
or surface until the inspection and approval officer deems that the
settlement of the subsurface is complete and the area properly prepared
for restoration.
B.
All subbases and base courses shall be restored to a width of 12
inches wider than the width of the excavation and to a length of 12
inches longer than the length of the excavation.
C.
The street surface shall be restored to a width of 12 inches wider
than the width of the restored foundation and to a length of 12 inches
longer than the length of the restored foundation.
D.
When any foundation is restored by the use of cement concrete, the
same shall consist of 3,000 psi concrete in accordance with NJDOT.
E.
All foundations and surfaces of improved roads shall be restored
to their original thickness, width and grade with the same type of
material as existed prior to the making of the excavation. Care should
be taken to reconstruct the trench areas so as to recreate or improve
upon the road cross-section. In no case, however, shall restoration
be completed with less than the following materials and thickness:
(1)
Six inches compacted dense graded aggregate or soil aggregate, I-5.
(2)
Four inches bituminous stabilized base course, HMA 19M64, constructed
in layers not more than two inches compacted thickness.
(3)
Two inches HMA 12.5M64 surface course applied and tack coated to
existing edge of pavement.
(4)
A hot sealer shall be applied to all joints where new and old bituminous
material meet.
F.
The foundations and surfaces of improved roads shall be made with
the materials as specified herein or as directed by the inspection
and approval officer.
G.
Restoration work must be completed within 60 days of the original
approval of the utility opening permit and application.
The Borough Public Works Director or his designee may revoke
any permit for noncompliance with any provision of this chapter. In
any special case, the Borough Council may by resolution impose special
conditions to which issuance of the permit will be subject, or the
Borough Council may in any such case deem by resolution that any provision
of this chapter shall not apply or shall be altered.
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be subject to a fine not exceeding $2,000
or imprisonment not exceeding 90 days, or both.
No permits shall be granted on a newly improved Borough road
for period of five years except in cases of emergency. Emergencies
shall include utility repairs and any other emergency certified by
the Borough Public Works Director, Borough Engineer, or Borough Administrator.
